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HomeMy WebLinkAboutDR16-0037RESOLUTION NO. DR16-0037 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW PERMIT DR16-0037 TO REDEVELOP THE SITE AT 230 CHURCH AVENUE WITH A 4 -STORY, 29 -UNIT RESIDENTIAL EFFICIENCY APARTMENT BUILDING WITH 24 ON-SITE AND 23 OFF-SITE PARKING SPACES, LANDSCAPED AREAS, AND ASSOCIATED ACCESS AND CIRCULATION IMPROVEMENTS, SUBJECT TO THE CONDITIONS CONTAINED HEREIN WHEREAS, on November 7, 2016, a duly verified application for a Design Review Pen -nit was filed with the City of Chula Vista Development Services Department by Silvergate Development (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to redevelop the site at 230 Church Avenue with a 4 -story, 29 -unit residential efficiency apartment building, 24 on-site and 23 off-site parking spaces, landscaping, open space, and associated access and circulation improvements (Project); and WHEREAS, the area of land which is the subject of this Resolution is composed of two parcels located at 230 Church Avenue (Project Site); and WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in the previously adopted Program Environmental hupact Report FEIR 06-01 prepared for the Chula Vista Urban Core Specific Plan and certified by the City Council in May 2007. Thus, no further enviromnental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 23, 2017, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Plamling Commission of the City of Chula Vista that it hereby makes the following findings: That the proposed Project is consistent with the development regulations and design guidelines of the Urban Core Specific Plan and other applicable regulations contained in the Chula Vista Municipal Code. PC Resolution DR16-0037 August 23, 2016 Page 2 The proposed Project is consistent with the vision, objectives and policies of the General Plan and the land use development standards and regulations of the Urban Core Specific Plan. The Project would redevelop an existing public parking lot site and provide additional residential units within the City's downtown area with convenient access to public transit. The Project would contribute to provide multi -family housing to residents, who would take advantage of and support the local commercial businesses which provide a variety of goods and services. Easy accessibility to public transit would also contribute to connect the project residents with other parts of the City and the Region. The proposed Project is also consistent with the Urban Core Specific Plan development regulations related to land use, building height, Floor Area Ratio,, setbacks, building wall frontage, parking, and landscaping and open space. That the proposed Project is consistent with the design requirements and recommendations contained in Chapter V11- Design Guidelines of the Urban Core Specific Plan. The proposed Project architecture features a modern architectural design that is eclectic and exemplifies and contributes to the dynamic revitalization and vibrancy of the Third Avenue Village. The architecture draws inspiration from the "Moderne" historic structures along Third Avenue, and fits within the variety of architectural styles of the existing buildings along Church Avenue and Third Avenue. The building mass is articulated by horizontal and vertical plane offsets, including balconies, which provide variety and interest and are highlighted by accent colors and materials that break up the roof line. The building fagades also include a variety of building materials and colors, including cement plaster, concrete, metal and composite wood screening, aluminum siding, and others. The overall design, fonn and scale of the building fit within the guidelines of the Urban Core Specific Plan's Village District and set a strong precedent for future development plarmed for downtown Chula Vista. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following conditions: 1. The following shall be accomplished to the satisfaction of the Director of Development Services, or designee, prior to issuance of Building Permits, unless otherwise specified: Planning Division L The site shall be developed and maintained in accordance with the approved plans, which include site plans, building elevations, floor plans, landscape plans, and other on file in the Planning Division, the conditions contained herein, the Urban Core Specific Plan and Title 19. 2. Prior to the issuance of the first Building Permit, the Applicant shall apply for and obtain approval of the required lot consolidation, in order to avoid existing parcel lines beneath the proposed structures, and in order to avoid reciprocal easements for access, parking and drainage. PC Resolution DR 16-0037 August 23, 2016 Page 3 3. Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1812. 4. Prior to the issuance of the first Building Permit for the construction of the Project, the Applicant shall pay to the City the amount of $80,500 as the hi -Lieu -Parking Fee for 23 off-site parking spaces. 5. Prior to the approval of the first Building Permit, the colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission on August 23, 2017. 6. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved prior to the issuance of the first Building Permit. Additionally, the project shall conform to Section 9.20.055 of the Municipal Code regarding graffiti control. 7. All roof -mounted appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets. Such screening shall. be architecturally integrated with the building design. 8. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a. combination of walls and/or landscaping. 9. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved prior to the issuance of the first Building Permit. 10. The Project shall operate in compliance with the Performance Standards, Chula Vista Municipal Code Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. 11. The Applicant shall obtain approval of a sign pen -nit for each sign. Signs shall comply with all applicable requirements of the Chula Vista Municipal Code. Building Division 12. The Applicant shall include a note on the cover sheet of the construction drawings indicating this Project will comply with 2013 California Building Code, 2013 California Fire Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Electrical Code, 2013 California Energy Code, and 2013 California Green Standards Code as adopted and amended by the State of California and the City of Chula Vista. PC Resolution DR] 6-0037 August 23, 2016 Page 4 13. The Project shall be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. Land Development Division 14. The following fees maybe adjusted based on the final Building Plans submitted a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) e. Other Engineering Fees as applicable per the Master Fee Schedule. 15. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Grading Plans b. Street Improvement Plans c. Construction Permit 16. Payment of the Park Acquisition and. Development (PAD) fee per dwelling unit is required prior to the issuance of the first Building Permit in accordance with Chula Vista Municipal Code section 17.10.100. The current PAD fee for West Chula Vista Projects is $10,543 for Single Family, $7,825 for Multi -Family, $4,798 for Mobile Home, and $4,385 for Hotel/Motel. The PAD fee is adjusted. on an annual basis on October 1 based on the Engineer Construction Cost Index. The payment of the PAD fee amount in place at the time of the issuance of the first Building Permit is required. The PAD fee for the project at this time is $226,925.00 (29 �7a $7,825/unit). Credit will be awarded for existing buildings on the site. 17. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Chula Vista Municipal Code Title 15.04. The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer, or designee. b. Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre - Development and Post -Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post -Development flows exceed Pre -Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. The Drainage Study shall also demonstrate that no property damage will occur during the 100 -year storm event. PC Resolution DR16-0037 August 23, 2016 Page 5 d. The Drainage Study shall show any offsite flows. e. All onsite drainage facilities shall be private. f Any offsite work will require Letters of Permission from the affected property owner(s). 18. The Applicant shall provide 2 copies of the following technical reports with the 1st submittal of Grading Plans: a. Drainage Study b. Water. Quality Technical Report (WQTR) c. Geotechnical. Report 19. On May 2013, the California Regional Water Quality Control Board for the San Diego Region (SDRWQCB) reissued a municipal storm water, National Pollutant Discharge Elimination System permit (Municipal Separate Storm Sewer Systems Order No. R9- 2013-0001 and as amended by Order Nos R9-2015-0001 & R9-2015-0100 (MS4 Permit) that covered its region. The Project shall comply with all requirements of the MS4 Permit and City of Chula Vista Best Management Practices (BMP) Design Manual, December 2015 and as amended (BMP Design Manual) for both construction and post - construction phases of the project. Prior to Planning approval, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. A copy of the BMP Design Manual is available on the City of Chula Vista website at: http://www.chulavistaca.�ov/departments/publie-works/services/storm-water_pollution- preventioiVdocuments-and-repgils. 20. The Applicant shall complete and submit the Storm Water Requirements Applicability Checklist (Intake Form) for All Permit Applications (see Appendix A.1 of the BMP Design Manual) with any Plarnning Application request. 21. The MS4 Permit and BMP Design Manual requires all development and redevelopment standard projects to implement source control and site design BMPs that will minimize the generation of pollutants (refer to Chapter 4 of the BMP Design Manual). A Standard Project Storm Water Quality Management Plan (Standard Project SWQMP) must be submitted for review & approval. All selected BMPs in the approved SWQMP shall be incorporated into the project design, and shall be shown on the Grading and/or Improvement Plans. 22. The MS4 Pen -nit BMP Design Manual requires all development and redevelopment Priority Development Project (PDP) to implement source control, site design and structural pollutant control BMPs to reduce the discharge of pollutants (refer to Chapter 4 & 5 of the BMP Design Manual, and address potential hydromodification impacts from changes in flow and sediment supply (refer to Chapter 6 of the BMP Design Manual). 23. Permanent storn water requirements, including site design, source control, treatment control, and hydromodification control BMPs, all as shown in the approved PDP SWQMP, shall be incorporated into the Project design, and shall be shown on the PC Resolution DR16-0037 August 23, 2016 Page 6 Grading and/or Improvement Plans. The Applicant shall provide sizing calculations and specifications for each BMP. Any structural and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the Grading and/or Improvement Plans. 24. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain all permanent BMPs located within the Project and City's right of way prior to issuance of any Grading, Construction or Building Permits, whichever occurs first. 25. All proposed pervious pavers within the public right-of-way or City easement shall require an Encroachment Pen -nit prior to Building Permit approval. 26. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all pernianent BMPs as required by the City Engineer to preserve the intended pollution control and/or flow control performance of the BMP. Upon completion of constriction of BMPs/project, the Applicant shall update/finalize the O&M Plan to reflect constructed structural BMPs with as -built plans and baseline photos. 27. The Applicant shall provide a street easement dedication for all right of way that doesn't align with the existing property line. Street dedication easements shall be reviewed by City staff and recorded through a separate instrument prior to the issuance of the first Building Permit. 28. Prior to obtaining any Building Permit for the Project, if the Project's total on-site improvements exceed Engineering Threshold of (currently: $57,653.00), per Chula. Vista Municipal Code Section 12.24.030, then the Applicant shall be required to obtain a Construction Permit from the Land Development Section of the Department of Development Services. (The On -Site Improvements trigger for installation of Public Improvements is adjusted on an annual basis on July 1 based on the Engineer Construction Cost Index, See Attachment). A Construction Permit is required to perform the following work in the City's right-of-way, which may include, but is not limited to: (For Commercial, Industrial and Multifamily Residential, the following applies: 1. Limits the cost of reconstructing existing street improvements to meet current standards to 25%of the building permit valuation. 2. Requires Americans with Disabilities Act (ADA) pedestrian improvements in the right of way, if any are lacking or substandard. The required ADA improvements would be limited to 20%of the building pen -nit valuation.) a) Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b) Removal and replacement of existing driveway(s) meeting design standards as shown in Chula Vista Constriction Standard CVCS-1. Current Driveway(s) shall be PC Resolution DR16-0037 August 23, 2016 Page 7 replaced, if it does not meet the City of Chula Vista Design Standards/ADA Standards, or if existing driveway is cracked or broken. Dedication of public right of way as needed in order for driveway to comply with (American Disability Act) ADA requirements. c) Installation of curb, gutter, and sidewalk per SDRSD G-3 along the Project's frontage. Sidewalk shall be designed and constructed with proper transitions to existing conditions. d) Installation of a sewer manhole per SDRSD S-2 is required at the connection of the 6" sewer lateral to the main public sewer line. e) Utilities Trenching and Restoration per CVCS-3 & 4. 29. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 30. Any improvements in the public right-of-way beyond the project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 31. The construction and completion of all improvements and release requirements shall be secured. in accordance with Section 18. 16.180 of the Chula Vista Municipal Code. 32. Sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement as a result of this inspection. 33. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. 34. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City -maintained public facilities. 35. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. Fire Department 36. The Applicant shall apply for required building permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code as adopted and amended by the State of California and the City of Chula Vista. PC Resolution DR16-0037 August 23, 2016 Page 8 37. For 38,625 square feet of Type VA construction, this Project will require a fire flow of 2,750 gallons per minute for a 2 -hour duration at 20 p.s.i. 38. Based upon the required fire flow for Type VA construction type, a minimum of 3 fire hydrants are required to serve this project. At least one new public fire hydrant will need to be installed along Church Avenue in front of the proposed building. Existing fire hydrants farther away from the proposed property can be used to meet the total of 3 hydrants. 39. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. 40. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Exception would be the exterior walls that share a wall or property line that can be built upon. 41. Buildings shall be provided with Knox appliances as follows: a) Provide a Knox box at the main entrance to the building and at each stairwell entrance. b) Provide a. Knox Vault at the Fire control Room. c) Knox Key switches shall be provided at parking garage entrances. 42. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the building, on site fire hydrants and mains shall be provided. 43. This Project is to be protected throughout by an approved automatic fire sprinkler system in accordance with NFPA 13 throughout. The entire structure is required to be protected by a commercial sprinkler system (13) due to the building design exceeding the allowable number of stories for Group R-2 of Type VA construction (see section 504.2). 44. The building shall be provided with a fire control room in accordance with CVFD details for fire control rooms. This room shall contain the fire sprinkler riser and fire alarm panel. only. Consider enlarging the fire control room and placing the fire service backflow preventer inside the fire control room to aid in aesthetics along Church Av. If this is a desired design choice, coordinate with Sweetwater Authority for approval. 45. The Fire Department connection is allowed to be on the face of the building due to the zero lot line design. hl addition no Post indicating Valve is required, as the control valve can be on the riser. 46. This Project is to be protected throughout by an approved fire alann system. PC Resolution DR16-0037 August 23, 2016 Page 9 Environmental Conservation Division 47. The Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as a part of the permit process. The plan shall demonstrate those steps the Applicant will take to comply with the Chula Vista Municipal Code, including but not limited to Section 8.24, 8.25, and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. The "Recycling and Solid Waste Management Plan" features should be identified on the Building Plans. 48. Prior to the issuance of the first Building Permit, the Applicant shall submit the required performance deposit fee. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 49. The site shall be developed and maintained in accordance with the approved plans, which include Site Plans, Floor Plans, and Elevation Plans on file in the Planning Division, the Conditions contained herein, and Title 19. 50. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. 51. Approval of the Design. Review Permit shall not waive compliance with any sections of Title 19 of the Chula Vista Municipal Code, nor any other applicable laws and regulations in effect at the time of Building Permit issuance. 52. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non -discretionary, in con lection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 53. This Design Review Pen -nit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.600 of the Chula Vista Municipal Code. PC Resolution DR 16-0037 August 23, 2016 Page 10 10 IN GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, his doc�m ent shall be signed and returned to the City's Development Services Dep ent. 1-1 Signature o roperty Owner Date Printed Name f Pro 'y Owned Signatur . Applicant Printed Name of Applicant CONSEQUENCE OF FAILURE OF CONDITIONS � 2 9 1 t -7 Date If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all fitture building pennits, deny, revolve, or fiirther condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. PC Resolution DR16-0037 August 23, 2016 Page I1 VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent Jurisdiction to be invalid, illegal or unenforceable, this resolution and the pen -nit shall be deemed to be automatically revoked and of no further force and effect. Preset Kell oughton Director of Development Services Approved as to form by: 5 C• Glen R Googins City AttnrneyN,,,_") PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23" day of August 2017, by the following vote, to -wit: AYES: Anaya, Burroughs, Milburn, Zaker, Gutierrez NOES: N/A ABSENT: Calvo, Nava ABSTAIN: N/A a rrez, Chair ATT ST: coy. Patricia Laughlin, Secr&vy